Please read these Terms of Service carefully as they contain important information about your legal rights, remedies and obligations. By accessing or using the RigShare Platform, you agree to comply with and be bound by these Terms of Service.
Please note: Section 10 of these Terms of Service contains an arbitration clause and class action waiver that applies to all RigShare Members. If your Country of Residence (as defined below) is the United States, this provision applies to all disputes with RigShare. If your Country of Residence is outside of the United States, this provision applies to any action you bring against RigShare in the United States. It affects how disputes with RigShare are resolved. By accepting these Terms of Service, you agree to be bound by this arbitration clause and class action waiver. Please read it carefully.
Welcome to RigShare!
RigShare is a service provided by Digital Space Studio, Inc. (“RigShare”, “we” “our”, or “us”).
In order to use RigShare for studios on behalf of a music studio, you agree to be bound by these terms and warrant that you are authorized to do so.
RigShare reserves the right at any given time to update these Terms without notice. Updated Terms will be displayed on RigShare at the time of update. Continued usage of RigShare after the effective date of the updated Terms means that you agree to the new updated Terms. In the case where Terms are updated due to legal or administrative reasons, we will provide reasonable advance notice.
You may use the Services only if you agree to form a binding contract with RigShare and are not a person barred from receiving services under the laws of the applicable jurisdiction. In any case, you must be at least 13 years old to use the Services. If you are accepting these Terms and using the Services on behalf of a company, organization, government, or other legal entity, you represent and warrant that you are authorized to do so.
RigShare may make access to and use of the RigShare Platform, or certain areas or features of the RigShare Platform, subject to certain conditions or requirements, such as completing a verification process, meeting specific quality or eligibility criteria, meeting Ratings or Reviews thresholds, or a Member’s booking and cancellation history.
User verification on the Internet is difficult and we do not assume any responsibility for the confirmation of any Member’s identity. Notwithstanding the above, for transparency and fraud prevention purposes, and as permitted by applicable laws, we may, but have no obligation to:
The access to or use of certain areas and features of the RigShare Platform may be subject to separate policies, standards or guidelines, or may require that you accept additional terms and conditions. If there is a conflict between these Terms and terms and conditions applicable to a specific area or feature of the RigShare Platform, the latter terms and conditions will take precedence with respect to your access to or use of that area or feature, unless specified otherwise.
In order to use some of our Services, you will need to create an account (“RigShare Account”). You must be at least 13 years old to create an account.
You are responsible for managing your account and account information. You are also responsible for the confidentiality of your account information, such as login credentials and any other sensitive account information. While using our Services, you agree not to solicit, collect, or use the login credentials of any other user on RigShare. We cannot, and will not, be liable for any loss or damage arising from your failure to comply with the above.
You can control most communications from the Services. We may need to provide you with certain communications, such as service announcements and administrative messages. These communications are considered part of the Services and your account, and you may not be able to opt-out from receiving them. If you added your phone number to your account and you later change or deactivate that phone number, you must update your account information to help prevent us from communicating with anyone who acquires your previous phone number.
As a user, you retain your rights to any content submitted or posted to the RigShare service. By using the RigShare service to submit, post, and display content, you grant us a non-limited worldwide license that is non-exclusive and royalty-free with the right to sublicense to use, copy, reproduce, process, modify, publish, transmit, display and distribute this content in any and all media or distribution methods (now known or later developed). You give RigShare the right to use this content to promote any and all of its services.
You agree that this license provides RigShare the right to display submitted content to other companies, organizations, or individuals for the syndication, broadcast, distribution, promotion or publication of such Content on other media and services, subject to our terms and conditions for such Content use.
You agree that any additional uses by RigShare, or other companies, organizations or individuals, may be done with no compensation owed to you or any content provider in regards to any and all of the content that users submit, post, transmit or otherwise make available through the Services.
At any given time, we reserve the absolute right to modify or terminate RigShare. We also reserve the right to revoke your access to RigShare for any reason, without notice, at any time, and without liability to you. If we terminate your access to RigShare, your profile will be deleted along with any information or history that is in any connected to it. This cannot be reversed.
We reserve the right to block, delete, or remove any user content, and if necessary terminate a user’s account, in such case where a user’s content or activity is harmful, abusive, or offensive in any way to any user on RigShare.
4.3.1 You are solely responsible for compliance with any and all laws, rules, regulations, and Tax obligations that may apply to your use of the RigShare Platform. In connection with your use of the RigShare Platform, you will not and will not assist or enable others to:
4.3.2 You acknowledge that RigShare has no obligation to monitor the access to or use of the RigShare Platform by any Member or to review, disable access to, or edit any Member Content, but has the right to do so to (i) operate, secure and improve the RigShare Platform (including without limitation for fraud prevention, risk assessment, investigation and customer support purposes); (ii) ensure Members’ compliance with these Terms; (iii) comply with applicable law or the order or requirement of a court, law enforcement or other administrative agency or governmental body; (iv) respond to Member Content that it determines is harmful or objectionable; or (v) as otherwise set forth in these Terms. Members agree to cooperate with and assist RigShare in good faith, and to provide RigShare with such information and take such actions as may be reasonably requested by RigShare with respect to any investigation undertaken by RigShare or a representative of RigShare regarding the use or abuse of the RigShare Platform.
RigShare Payments provides payments services to Members, including payment collection services, payments and payouts, in connection with and through the RigShare Platform (“Payment Services”).
In using the RigShare Platform, you authorize Stripe to handle the processing of transactions including any holds, receiving, and disbursing of funds on your behalf. You agree to pay any Stripe fees including transactional fees and fees associated with disputing charges.
Payment processing services for Members on RigShare are provided by Stripe and are subject to the Stripe Connected Account Agreement, which includes the Stripe Terms of Service (collectively, the “Stripe Services Agreement”). By agreeing to the terms of this agreement or continuing to operate as a Studio on RigShare, you agree to be bound by the Stripe Services Agreement, as the same may be modified by Stripe from time to time. As a condition of RigShare enabling payment processing services through Stripe, you agree to provide RigShare accurate and complete information about you and your business, and you authorize RigShare to share it and transaction information related to your use of the payment processing services provided by Stripe.
Studio listings on Rigshare is an online marketplace feature of the RigShare Platform that enables registered users (Members and third parties who offer services are “Hosts” and the services they offer are “Host Services”) to publish such Host Services to be discovered on RigShare. Hosts have the ability to communicate and transact directly with Members that are seeking to book such Host Services. Host Services may include the offering of music studio space (“Accommodations”) and studio services provided by the Host.
A “Studio” is a physical space or music studio that is made available to a Member and can be reserved on a specific date during specific times. Studio bookings will be approved by the Host, and the Guest will be subject to fees and specific terms or limitations laid out by the Studio on their listing. A Studio may create a listing of their Host Services by providing certain details including a description of the space, a list of available equipment that may be used, photos, availability, pricing, and terms or limitations of use (collectively the “Studio Listing”).
To book a Studio, a member of RigShare may send a request to the Studio Listing (“Booking Request”). A booking request includes a date, start time, end time, fees, and any additional requested services that are available to the Guest. Members must be at least 18 years of age to create a Studio Listing or book a Studio.
A Booking is a limited agreement between a Guest and a Studio for limited use of a studio. Bookings are subject to cancellation at any time by RigShare or the studio if the terms of this service agreement are violated. All terms and restrictions provided in the service agreement are confirmed through the RigShare Platform prior to booking a studio.
6.1.1 When creating a Studio Listing through the RigShare Platform you must (i) provide complete and accurate information about your Host Service (such as listing description, location, and calendar availability), (ii) disclose any deficiencies, restrictions (such as rules) and requirements that apply (such as any minimum age or proficiency) and (iii) provide any other pertinent information requested by RigShare. You are responsible for keeping your Listing information (including calendar availability) up-to-date at all times.
6.1.2 You are solely responsible for setting a price (including any Taxes if applicable, or charges such as cleaning fees) for your Listing (“Listing Fee”). Once a Guest requests a booking of your Listing, you may not request that the Guest pays a higher price than in the Booking Request.
6.1.3 Any terms and conditions included in your Listing, in particular in relation to cancellations, must not conflict with these Terms or the relevant cancellation policy for your Listing.
6.1.4 Pictures, animations or videos (collectively, “Images“) used in your Listings must accurately reflect the quality and condition of your Host Services. RigShare reserves the right to require that Listings have a minimum number of Images of a certain format, size and resolution.
6.1.5 The placement and ranking of Listings in search results on the RigShare Platform may vary and depend on a variety of factors, such as Guest search parameters and preferences, Host requirements, price and calendar availability, number and quality of Images, customer service and cancellation history, Reviews and Ratings, type of Host Service, and/or ease of booking.
6.1.6 When you accept or have pre-approved a booking request by a Guest, you are entering into a legally binding agreement with the Guest and are required to provide your Host Service(s) to the Guest as described in your Listing when the booking request is made. You also agree to pay the applicable Host Fee and any applicable Taxes.
6.1.7 RigShare recommends that Hosts obtain appropriate insurance for their Host Services. Please review any respective insurance policy carefully, and in particular make sure that you are familiar with and understand any exclusions to, and any deductibles that may apply for, such insurance policy, including, but not limited to, whether or not your insurance policy will cover the actions or inactions of Guests (and the individuals the Guest has booked for, if applicable) while staying at your Accommodation or participating in your Experience, Event or other Host Service.
6.2.1 Subject to meeting any requirements (such as completing any verification processes) set by RigShare and/or the Host, you can book an available Listing on the RigShare Platform by following the respective booking process. All applicable fees, including the Listing Fee, Security Deposit (if applicable), Guest Fee and any applicable Taxes (collectively, “Total Fees”) will be presented to you prior to booking a Listing. You agree to pay the Total Fees for any booking requested in connection with your RigShare Account.
6.2.2 Upon receipt of a booking confirmation from RigShare, a legally binding agreement is formed between you and your Host, subject to any additional terms and conditions of the Host that apply, including in particular the applicable cancellation policy and any rules and restrictions specified in the Listing. RigShare Payments will collect the Total Fees at the time a Booking Request is accepted.
6.2.3 Once a booking request is accepted, a guest has 24 hours to submit payment for their booking. If payment is not made within 24 hours, the booking request will automatically expire.
6.3.1 You understand that a confirmed booking of an Accommodation (“Accommodation Booking”) is a limited license granted to you by the Host to enter, occupy and use the Accommodation for the duration of your stay, during which time the Host (only where and to the extent permitted by applicable law) retains the right to re-enter the Accommodation, in accordance with your agreement with the Host.
6.3.2 You agree to occupy the studio within the time frame agreed upon in the studio booking. If you need additional time added to your booking, you may submit another booking request, or arrange additional time with your host at the time of your booking.
6.4.1 Hosts and Guests are responsible for any modifications to a booking that they make via the RigShare Platform or direct RigShare customer service to make (“Booking Modifications“), and agree to pay any additional Listing Fees, Host Fees or Guest Fees and/or Taxes associated with such Booking Modifications.
6.4.2 Guests can cancel a confirmed booking at any time pursuant to our Cancellation Policy, and RigShare Payments will refund the amount of the Total Fees due to the Guest in accordance with such cancellation policy. Unless extenuating circumstances exist, any portion of the Total Fees due to the Host under the applicable cancellation policy will be remitted to the Host by RigShare Payments.
6.4.3 If a Host cancels a confirmed booking, the Guest will receive a full refund of the Total Fees for such booking within a commercially reasonable time of the cancellation. In some instances, RigShare may allow the Guest to apply the refund to a new booking, in which case RigShare Payments will credit the amount against the Guest’s subsequent booking at the Guest’s direction. Further, RigShare may publish an automated review on the Listing cancelled by the Host indicating that a booking was cancelled. In addition, RigShare may (i) keep the calendar for the Listing unavailable or blocked for the dates of the cancelled booking, and/or (ii) impose a cancellation fee, unless the Host has a valid reason for cancelling the booking or has legitimate concerns about the Guest’s behavior.
6.4.4 In certain circumstances, RigShare may decide, in its sole discretion, that it is necessary to cancel a confirmed booking and make appropriate refund and payout decisions. This may be where RigShare believes in good faith, while taking the legitimate interests of both parties into account, this is necessary to avoid significant harm to RigShare, other Members, third parties or property, or (ii) for any of the reasons set out in these Terms.
6.4.5 If, as a Host, your Guest cancels a confirmed booking or RigShare decides that it is necessary to cancel a confirmed booking, and RigShare issues a refund to the Guest in accordance with the Cancellation Policy, you agree that in the event you have already been paid, RigShare Payments will be entitled to recover the amount of any such refund from you, including by subtracting such refund amount out from any future Payouts due to you.
6.4.6 Except as otherwise set out in these Terms, Members may contact RigShare Support to send or request money for refunds, additional Host Services, or Damage Claims related to bookings. You agree to pay all amounts sent through the RigShare Support in connection with your RigShare Account, and RigShare Payments will handle all such payments.
6.5.1 Within a certain timeframe after completing a booking, Guests and Hosts can leave a public review (“Review”) and submit a star rating (“Rating”) about each other. Ratings or Reviews reflect the opinions of individual Members and do not reflect the opinion of RigShare. Ratings and Reviews are not verified by RigShare for accuracy and may be incorrect or misleading.
6.5.2 Ratings and Reviews by Guests and Hosts must be accurate and may not contain any offensive or defamatory language. Ratings and Reviews and must comply with RigShare’s Community Guidelines.
6.5.3 Members are prohibited from manipulating the Ratings and Reviews system in any manner, such as instructing a third party to write a positive or negative Review about another Member.
6.5.4 Ratings and Reviews are part of a Member’s public profile and may also be surfaced elsewhere on the RigShare Platform (such as the Listing page) together with other relevant information such as number of bookings, number of cancellations, average response time and other information.
6.6.1 As a Guest, you are responsible for leaving the Accommodation (including any personal or other property located at the Accommodation) in the condition it was in when you arrived. You are responsible for your own acts and omissions and are also responsible for the acts and omissions of any individuals whom you invite to, or otherwise provide access to, the Accommodation, excluding the Host (and the individuals the Host invites to the Accommodation, if applicable).
6.6.2 If a Host claims and provides evidence that you as a Guest have damaged an Accommodation or any personal or other property at an Accommodation (“Damage Claim“), the Host can seek payment from you through the RigShare Support. If a Host escalates a Damage Claim to RigShare, you will be given an opportunity to respond. If you agree to pay the Host, or RigShare determines in its sole discretion that you are responsible for the Damage Claim, RigShare Payments will collect any such sums from you to cover the Damage Claim. RigShare also reserves the right to otherwise collect payment from you and pursue any remedies available to RigShare in this regard in situations in which you are responsible for a Damage Claim.
6.6.3 Members agree to cooperate with and assist RigShare in good faith, and to provide RigShare with such information and take such actions as may be reasonably requested by RigShare, in connection with any Damage Claims or other complaints or claims made by Members relating to (i) Accommodations or any personal or other property located at an Accommodation. A Member shall, upon RigShare’s reasonable request and at no cost to the Member, participate in mediation or a similar resolution process with another Member, which process will be conducted by RigShare or a third party selected by RigShare, with respect to losses for which a Member is requesting payment from RigShare.
By using this service, you agree not to use RigShare to share personal contact information with others through the platform.
As a user, you are solely responsible for all content uploaded to the Services. RigShare is not responsible for any content generated by any user. All content that is shared should be in compliance with all applicable laws and our community guidelines. All content is posted at your own risk. If you are not comfortable sharing any content, you should not share it. Rigshare is not responsible for the determining of accuracy, reliability, credibility, or truthfulness of any posted user content.
By using the Service, you agree not to harass, stalk, exploit, or abuse any other RigShare user in any way. You also agree not to hold RigShare responsible for any abusive, offensive, or harmful content of any other user.
Under no circumstance will RigShare and/or related parties be responsible for any loss, damage, or harm in any way including (but not limited to) any direct, indirect, economic, exemplary, special, punitive, incidental, or consequential losses or damage that are directly or indirectly related to RigShare, its content, user content, user error, your use of, inability to use, or the performance of RigShare.
RigShare and/or related parties are in no way responsible for any damage of devices while using RigShare including damages due to any breach of security, virus, bug, tampering with software, error, misusage, defect, loss of internet/data connection.
RigShare and/or related parties will not be held liable for any damage, harm, or loss caused by any acts of God, any foreseeable issues with service, or any issues that have been previously presented to any RigShare parties and advised on.
RigShare and/or related parties are in any way liable for any damage or loss caused by any third parties, websites, apps, or any other third party influence. You hereby agree to release RigShare, our office, employees, and any related parties of our Service in any claims that you may raise against any third parties. By using this service, you are waiving any and all rights to make any claims or file any lawsuits against RigShare, our office, all employees, and any related parties of our Service.
You agree that there shall be no reason at all, that the rigshare entities, representatives, and any of it partners shall be liable for any, damages, whether direct, indirect, incidental, consequential, any loss of profits or revenues, whether incurred directly or indirectly, or any loss of data, usages, or any other intangible losses, as a result of the following:
(i) your usage, non-usage, access, or inability to access the rigshare services; (ii) any conduct or content of any third party on the services, including without limitation, any defamatory, offensive or illegal conduct of other users or third parties; (iii) any content that is obtained from the services; (iv) unauthorized access, tampering or alteration of your transmissions or content.
You agree that rigshare is not liable for the amount you paid rigshare, if any, for any dissatisfaction of the services being provided.
You, along with RigShare, acknowledge and agree to waive the right to participate as a plaintiff or class member in any purported class action lawsuit, class-wide arbitration, private attorney-general action, or any other representative proceeding as to any and all Disputes. Further, unless you and RigShare both otherwise agree in writing, the arbitrator may not consolidate more than one party’s claims and may not otherwise preside over any form of any class or representative proceeding. If this paragraph is held unenforceable with respect to any Dispute, then the entirety of the Arbitration Agreement will be deemed void with respect to such Dispute.
Date last updated: October 16th, 2018